Litigation Readiness

It seems that if you make money (or have good insurance), you get sued.

It’s known as having “deep pockets” and people sue those with money.  It is the golden rule of law, if you will.  It is a sorry state of affairs, but it is reality.   The truth is:

“The short-term risk most likely to influence a company's future today is
legal risk and its consequences.”

Electronic Discovery

New federal rules now REQUIRE that if you are sued or investigated, all relevant Electronically Stored Information MUST be made available to your opponent in as little as 120 days!  Ready or not, companies are exposed to the risk of litigation and investigation everyday. If your Company isn’t litigation ready, the cost, time and burden of responding to the electronically stored information production requirements are significant time and cost issues.  These new federal legal rules require swift production of all electronically stored information with strict and short timeframes for delivery, and with the potential of severe sanctions (or worse) to the Company and the lawyers for failure to meet these requirements.

In this world of Electronic Discovery, Corporate or Outside Counsel are often presented with a vast supply of “potentially” relevant data, with little other information.  Opposing Counsel is requesting production of all relevant files including E-mail messages and User Files belonging to certain custodians, but how and where do you begin to look for the data? How much will such a data collection, review and production cost?  Do you have to produce data from all of the company’s storage media in the company’s possession (hard drives, backup drives, cell phones, flash drives, etc), or are there ways to minimize what is produced?

The severity of sanctions and issues in production of electronic discovery resulting from recent cases is causing in-house lawyers and law firms to begin to question if the best methods for handling electronically stored information of their clients are being observed.

Our Firm has more than 20 years experience working with global companies and transforming ad hoc electronic discovery and records retention projects into practical sustainable processes.

Give us a call today to discuss your needs.